For the purposes of this Division, an unacceptable
3-way control situation exists in relation to the
licence area of a commercial radio broadcasting licence (the
first radio licence area ) if a person is in a
position to exercise control of:

(a) a commercial television broadcasting licence, where more
than 50% of the licence area population of the first radio licence
area is attributable to the licence area of the commercial
television broadcasting licence; and

(b) a commercial radio broadcasting licence, where the
licence area of the commercial radio broadcasting licence is, or is
the same as, the first radio licence area; and

(1) A person may, before a transaction takes place that would
place a person in breach of section 61AMA or 61AMB, make an
application to the ACMA for an approval of the transaction.

(2) An application is to be made in accordance with a form
approved in writing by the ACMA.

(3) If the ACMA considers that additional information is
required before the ACMA can make a decision on an application, the
ACMA may, by written notice given to the applicant within 30 days
after receiving the application, request the applicant to provide
that information.

(4) If, after receiving an application, the ACMA is satisfied
that:

(a) if the transaction took place, it would place a person in
breach of section 61AMA or 61AMB; and

(b) either:

(i) the applicant; or

(ii) another person;

will take action, within a period of not longer than 12 months, to
ensure that an unacceptable 3-way control situation does not
exist in relation to the licence area concerned;

the ACMA may, by written notice given to the
applicant:

(c) approve the transaction; and

(d) if subparagraph (b)(i) applies—specify a
period within which action must be taken by the applicant to ensure
that an unacceptable 3-way control situation does not exist
in relation to the licence area concerned; and

(e) if subparagraph (b)(ii) applies—inform the
applicant accordingly.

(5) The period specified in the notice must be at least one
month, but not longer than 12 months.

(6) The ACMA may specify in a notice given to an applicant
the action that the ACMA considers the applicant must take to
ensure that an unacceptable 3-way control situation does not
exist in relation to the licence area concerned.

(7) In deciding whether to approve a transaction, the ACMA
may have regard to:

(a) any relevant undertakings that:

(i) have been accepted by the ACMA under section 61AS;
and

(ii) have not been withdrawn or cancelled; and

(b) such other matters (if any) as the ACMA considers
relevant.

(8) If the ACMA refuses to approve a transaction, the ACMA
must give written notice of the refusal to the applicant.

(9) The ACMA must deal with applications under
subsection (1) in order of receipt.

(10) If the ACMA receives an application under
subsection (1), the ACMA must use its best endeavours to make
a decision on the application within 45 days after receipt of the
application.

(1) A person who has been given a notice under
section 61AMC may, within 3 months before the end of the
period specified in the notice but not less than one month before
the end of that period, apply in writing to the ACMA for an
extension of that period.

(2) The ACMA may grant an extension if it is of the opinion
that an extension is appropriate in all the circumstances.

(3) If the ACMA considers that additional information is
required before the ACMA can make a decision on an application, the
ACMA may, by written notice given to the applicant within 30 days
after receiving the application, request the applicant to provide
that information.

(4) The ACMA must not grant more than one extension, and the
period of any extension must not exceed:

(a) the period originally specified in the notice; or

(b) 6 months;

whichever is the lesser period.

(5) In deciding whether to grant an extension to an
applicant, the ACMA is to have regard to:

(a) the endeavours that the applicant made in attempting to
comply with the notice; and

(b) the difficulties that the applicant experienced in
attempting to comply with the notice;

but the ACMA must not have regard to any
financial disadvantage that compliance with the notice may
cause.

(6) If the ACMA does not, within 45 days after:

(a) receiving the application; or

(b) if the ACMA has requested further
information—receiving that further information;

extend the period or refuse to extend the
period originally specified in the notice, the ACMA is to be taken
to have extended that period by:

(c) the period originally specified in the notice; or

(d) 6 months;

whichever is the lesser period.

(7) If the ACMA refuses to approve an application made under
subsection (1), the ACMA must give written notice of the
refusal to the applicant.

(2) A person who contravenes subsection (1) commits a
separate offence in respect of each day (including a day of a
conviction for the offence or any later day) during which the
contravention continues.

(3) A person who contravenes subsection (1) commits a
separate contravention of that subsection in respect of each day
(including a day of the making of a relevant civil penalty order or
any later day) during which the contravention continues.

(1) If, on or after the commencement day, the ACMA is
satisfied that an unacceptable 3-way control situation exists
in relation to the licence area of a commercial radio broadcasting
licence, the ACMA may give a person such written directions as the
ACMA considers appropriate for the purpose of ensuring that that
situation ceases to exist.

(2) The ACMA’s directions may include:

(a) a direction requiring the disposal of shares or interests
in shares; or

(b) a direction restraining the exercise of any rights
attached to:

(i) shares; or

(ii) interests in shares; or

(c) a direction prohibiting or deferring the payment of any
sums due to a person in respect of shares, or interests in shares,
held by the person; or

(d) a direction that any exercise of rights attached to:

(i) shares; or

(ii) interests in shares;

be disregarded.

(3) Subsection (2) does not limit
subsection (1).

(4) A direction under subsection (1) must specify a
period within which the person must comply with the direction.

(5) The period must not be longer than 12 months.

(6) If the ACMA is satisfied that the person:

(a) acted in good faith; and

(b) took reasonable precautions, and exercised due diligence,
to avoid the unacceptable 3-way control situation coming into
existence;

the period specified in the direction must
be 12 months.

(7) If the ACMA is satisfied that the person acted flagrantly
in breach of section 61AMA or 61AMB, the period specified in
the direction must be one month.

(8) The Parliament recognises that, if a period of one month
is specified in a direction, the person to whom the direction is
given or another person may be required to dispose of shares or
interests in shares in a way, or otherwise make arrangements, that
could cause the person a considerable financial disadvantage. Such
a result is seen as necessary in order to discourage flagrant
breaches of sections 61AMA and 61AMB.

(c) a written undertaking given by a person that the person
will take specified action to ensure that an unacceptable
3-way control situation does not exist in relation to the
licence area of a commercial radio broadcasting licence.

(c) the ACMA is satisfied that the coming into existence of
the media group does not have the result that an unacceptable
3-way control situation comes into existence in relation to
the licence area of a commercial radio broadcasting licence;